Terms of Service
GENERAL CONDITIONS OF SALE
The supply relationship referred to in this order is understood to be governed by the terms of the following General Conditions, unless waived by particular agreements, to be proved in writing, and includes only what is expressly specified in the order confirmation of New Fairy S.r.l. (hereinafter referred to as the Supplier Company). If the payment conditions provide for the payment of advances to the order, the Supplier has the right to suspend the execution of the contract until the agreed sum is received. The execution of the supply may also be suspended in the event of changes in the financial conditions of the Customer, according to the provisions of Article 1461 of the Civil Code.
2. ORDERS AND RIGHT OF WITHDRAWAL *
Orders are considered valid if communicated in writing directly, via internet/email or through the Supplier’s sales agents, with order forms that refer to these General Conditions of Sale. (Article 1327 of the Civil Code). The order must be stipulated in compliance with the terms of validity indicated in the price list in force and becomes irrevocable after fourteen days from its subscription (art.1329 of the civil code). Pursuant to Legislative Decree 206/2055 and subsequent amendments and additions, the Customer has the right to withdraw from this commitment; to exercise this right, you can send an explicit declaration (for example a letter by registered mail or pec) to the seller (New Fairy srl with registered office in via A. Volta, 58/C – 20811 Cesano Maderno – MB), using the downloadable form by clicking here or in any case a facsimile as per attachment 1 part B of Legislative Decree 21/2014. For the purposes of exercising the withdrawal, the Customer must send the communication referred to in the introduction no later than 14 days from the date of signing this order note in the case of provision of services or from the day on which the Customer (or a third party, different from the carrier and designated by the same), acquires physical possession of the goods in the case of a sales contract. The Customer is required to return the goods intact and in the original packaging to the operational headquarters of New Fairy srl, in via Zeuner, 5 in Seveso 20822 (MB). The logistics costs associated with exercising the right of withdrawal are the responsibility of the applicant.
* Attention: If the order concerns made-to-measure or personalized items, requests for cancellation of the order, even partial, cannot be accepted if the production of the goods that constitute the object or the procurement of the materials is already underway . However, the Supplier reserves the right to accept total or partial cancellation of the orders, subject to the right to be reimbursed for the expenses incurred and any other charges incurred in view of the execution of the contract. The right of withdrawal on customized or customized products can only be implemented in the presence of obvious manufacturing defects or discrepancies with respect to the order placed.
The prices of the products shown on the price list are indicated in Euros and are inclusive of VAT and all other taxes. Prices may be subject to variations without prior notice by the Supplier. The new prices will automatically replace those previously in force.
The Customer is required to pay upon order confirmation: in cash, bank transfer, credit card, via web applications (e.g. Paypal, Satispay), also in installments. Payment in Cash on Delivery is possible with a relative surcharge to cover higher management costs.
Packaging will be free.
The shipment will be made by courier: in standard or express mode, at the discretion of the customer who will bear the related costs. At the time of order fulfillment, the Company undertakes to provide the Customer with the necessary references for tracking the package.
7. TERMS OF DELIVERY
Delivery terms refer to the moment the order is processed. Unless otherwise agreed in writing, the delivery terms are calculated in working days. The delivery time of the goods is purely indicative and is subject to the possibilities of production and shipment by the Supplier. In case of force majeure, e.g. delays of the suppliers or strike of the means of transport, the delivery terms can be extended until the resolution of cases of force majeure. Basically, the products purchased from the catalog are generally shipped within 10 working days (weekdays, Saturdays and Sundays excluded), making a distinction for customizable products, for which the average delivery times are 20 working days (weekdays, Saturday and Sunday excluded) from the execution of the order. In the event of unforeseen events, delivery may be made with a delay of 1 week on the agreed term for items in stock, while for personalized products with a delay of 2 weeks and, in any case, after full fulfillment of the payment obligations .
The return of regularly ordered goods must be previously authorized by the Supplier. Authorized returns will be carried out carriage paid (by the sender) at the headquarters of New Fairy srl in Seveso (MB9, via Zeuner, 5. Returned products which, upon examination by the quality control office, show manufacturing defects will be refunded, or replaced with new goods of the same type. No further claims – for direct and/or indirect damages or for expenses of any kind in any way related to the return of the goods and/or the reasons for the return – will be taken into consideration. The return will take place carriage paid. In no case will the Supplier accept returns, or will credit, or replace products damaged due to incorrect use or use not envisaged by the standard conditions of use. In the event of an error by the Customer when ordering, the material may be returned exclusively carriage paid, only if intact and not used for any reason; the credit of the corresponding amount will be made with a 15% reduction on the net price shown on the invoice, for the costs of reconditioning the returned material.
Any Claim must be notified to the Supplier within eight days of delivery of the goods. The Supplier will not bear penalties and/or commissions of any kind, not even if reimbursement of expenses, damages, charges for production stoppages or miscellaneous of any kind are foreseen in the general conditions of sale of the Customer. Any defects in materials, or hidden defects, differences in dimensions, exceeding normal manufacturing tolerances, which could arise after shipments have been made, will oblige the Supplier to simply replace the defective material, in the shortest possible time, without the right to reimbursement of damages of any kind.
If, for any reason, the Customer is not completely satisfied, they have the right to send the products back after 14 days, and New Fairy personally guarantees a full refund of the purchase price by bank transfer.
HOW DOES THE GUARANTEE WORK?
Buy your Zip&Dream and try it in the comfort of your home for two weeks. If you’re not satisfied, you can return it and we will refund the total amount
paid today. Right away. Without ifs and buts. Without bureaucracy, emails or forms to fill out.
Contact us to organize the return at: NewFairy s.r.l. to the address: Via Zeuner 5, 20822, Seveso (MB), and as soon as we receive the package, we will refund the amount paid.
Up to 6 months from purchase we will provide free assistance in the event of any problem with the product (for example a defective zip). We will repair or replace the product with a new laboratory one and you will only pay the shipping costs!
How? Write to us at [email protected], attaching the photos of the problem. We’ll get back to you within 48 hours to agree on the free repair by our laboratories or the management of returns in the presence of manufacturing defects: in this case we will send the new one back within 5 days from the request to access the warranty.
Logistical expenses related to the exercise of the guarantee are to be paid by the applicant.
11. LIMITATIONS OF CIVIL LIABILITY
The civil liability of the Supplier is limited to the contractual commitments resulting from these General Conditions of Sale. Any liability for direct, indirect or consequential damages is excluded by the Supplier. In particular, the Supplier will not be liable: – for damage caused by its products after delivery and while they are in the Customer’s possession, – for damage to the products caused by the Customer, or to products of which the Customer’s products form a part, – of the prejudicial consequences on the production or on the sales of the Customer which could be traced back to problems inherent to the defects of the products. The Supplier Company cannot be held responsible in any way towards the Customer in the event of lost profits, losses of customers or contracts and any other consequential loss that it had or claims to have suffered.
For any controversy, none excluded, which arises from the interpretation, termination or execution of this contract, the Court of Monza will be exclusively competent.
13. PERSONAL DATA PROCESSING